Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45014 of 2018 Applicant :- Rajveer Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Singh Kushwaha Counsel for Opposite Party :- G.A.,Niklank Kumar Jain
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned counsel for the informant and learned AGA for the State and perused the record.
This bail application has been filed by the applicant Rajveer Singh seeking bail in Case Crime No. 414 of 2017, under Sections 147, 148, 149, 323,308,504,506 IPC, P.S.
Awagarh, District Etah.
Learned counsel for the applicant has submitted that even prosecution own case, general role of assault has been assigned to as many as nine persons by Lathi, Danda and Sariya. As per the injury report, the victim has received two injuries on his scalp and third injury on left side of chest. There is fracture of parietal bone with hematoma. Learned counsel for the applicant has next submitted that author of the said injuries has not been specified even in the statement of victim. Learned counsel for the applicant has further submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 23.7.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA and learned counsel for the complainant, Shri Niklank Jain has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Rajveer Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.11.2018 R